INDIA: Police remain inactive on the alleged torture of a fisherman and an elderly widow by officers of the Border Security Force

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Dear friends,

The Asian Human Rights Commission (AHRC) has received information from its local partner organization MASUM in West Bengal, that a fisherman and an elderly woman who is also widow, were tortured by officers of Border Security Force (BSF). Although the victims allegedly lodged complaints with their respective police stations, no action has been taken against the perpetrators till date.  

CASE DETAILS:

Mr. Dhananjay Mondal, a resident of Kajipara Guripara village which is also under the jurisdiction of the Jalangi police in Murshidabad district, West Bengal, belongs to a caste family who earns their livelihood through fishing. His community, which is known as a fisherman’s village, is socially marginalized and extremely poor.

On the morning of 29 January 2007, Mr. Dhananjay went fishing along the Padma River with his friends. It has been alleged that at around 8:00 am, two BSF officers of 1 Number Khoyertola B.O.P. Camp came to him and asked for his identity card, which fishermen are required to possess. He showed his identity card to them which had been collected from the Secretary of Panchayet and the Chief of Debipur Village Panchayet. The officers then snatched the identity card from him and tore it to pieces.

Further, it has been alleged that the said officers threatened to kill Mr. Dhananjay and used filthy language to frighten him into stopping his daily work routine, including fishing.

After the incident Mr. Dhananjay returned to his town and discussed the incident with the village chief Mr. Dharmadas Mondal as well as lodged a complaint with the Jalangi Police on 29 January 2007. The complaint was then registered in General Diary (G.D.E. Number-1528) by the police.

Mr. Dhananjay also complained to the Block Development Officer of Jalangi and Mr. Sudhir Mondal from the Secretary of the Fishing Committee.  Both groups are also registered under the jurisdiction of the Jalangi Police Station. However to this day, no investigation has been properly conducted and no appropriate legal remedies have been provided to the victim.

In another case, an elderly woman named Ms. Chanubala Mondal (no relation to Mr. Sudhis Mondal) who is a resident of Basnabad village was allegedly tortured by the by the BSF. The incident which occurred in the jurisdiction of the Raninagar Police has also not been investigated.

Ms. Chanubala was allegedly victimized by an officer from of 3 Number O.P. Point Camp of B.S.F while she was returning from her cropland where she was sowing seeds.

It has been alleged that the officers asked her if she was had been smuggling goods. She replied that she was returning from the cropland. Before she could complete her words, an officer of the BSF, started beating her with sticks mercilessly with used abusive language. She was injured and bruised over her entire body by the sudden attack and fell down on the ground. She could not receive immediate medical treatment due to her helpless condition or walk by herself. Ms. Chanubala is currently undergoing medical treatment for her severe injuries.

It is also alleged that on 28 January 2007 when the victim Ms. Chanubala went to lodge a complaint to the Raninagar Police Station, the police instead of registering the case under appropriate section of Indian Penal Code, recorded her complaint in their General Diary (G.D.E number: -1244).

Further, it has been alleged that the police have not initiated any action against the said officers till date. It is alleged that the police inaction is linked to the nexus between the police and BSF.

The AHRC is deeply concerned about the situation in India that the police authorities and paramilitary forces have been widely enjoying impunity, and emphasizes that such practices have obstructed the development of justice mechanisms in the country which are continuously putting the citizens under great risk. We therefore call for an immediate intervention into this case to be investigated impartially and to bring the alleged perpetrators to justice.

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